|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Dec 01, 2015||enacting clause stricken|
|May 28, 2015||reported referred to codes|
|May 18, 2015||referred to labor|
assembly Bill A7548
Archive: Last Bill Status - Stricken
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
A7548 (ACTIVE) - Details
A7548 (ACTIVE) - Summary
Relates to payment of independent contractors and authorizes the department of labor to investigate complaints, make claims for compensation, assess liquid damages, civil penalties and criminal penalties; authorizes the award of attorney fees and liquidated damages; excludes construction contractors.
A7548 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7548 2015-2016 Regular Sessions I N A S S E M B L Y May 18, 2015 ___________ Introduced by M. of A. SILVER -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to independent contractors THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding two new sections 196-b and 196-c to read as follows: S 196-B. DEFINITIONS. FOR PURPOSES OF THIS SECTION AND SECTION ONE HUNDRED NINETY-SIX-C OF THIS ARTICLE, THE TERM: 1. "COMPENSATION" MEANS THE EARNINGS OF AN INDEPENDENT CONTRACTOR. THE TERM "COMPENSATION" ALSO INCLUDES REIMBURSEMENT FOR EXPENSES. 2. "INDEPENDENT CONTRACTOR" MEANS A SOLE PROPRIETOR WHO IS NOT AN EMPLOYEE AND WHO IS HIRED OR RETAINED BY A CLIENT FOR AN AMOUNT EQUAL TO OR GREATER THAN SIX HUNDRED DOLLARS; BUT SHALL NOT INCLUDE A CONSTRUCTION CONTRACTOR. 3. "CLIENT" INCLUDES A CORPORATION, LIMITED LIABILITY COMPANY, PART- NERSHIP, ASSOCIATION OR NON-PROFITMAKING ORGANIZATION CONTRACTING WITH AN INDEPENDENT CONTRACTOR IN ANY OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE FOR COMPENSATION EQUAL TO OR GREATER THAN SIX HUNDRED DOLLARS. THE TERM "CLIENT" SHALL NOT INCLUDE A GOVERNMENTAL ENTITY, INCLUDING BUT NOT LIMITED TO, ANY AGENCY, BOARD, DEPARTMENT, COMMISSION OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF; AND CLIENT SHALL NOT INCLUDE A PERSON. 4. "CONSTRUCTION CONTRACTOR" MEANS ANY PERSON, SOLE PROPRIETOR, PART- NERSHIP, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION OR OTHER LEGAL ENTITY WHO BY ONESELF OR THROUGH OTHERS OFFERS TO UNDERTAKE, OR HOLDS ONESELF OUT AS BEING ABLE TO UNDERTAKE, OR DOES UNDERTAKE A CONSTRUCTION PROJECT. 5. "CONSTRUCTION PROJECT" MEANS THE PROVIDING OF ANY LABOR OR SERVICES, AND THE USE OF ANY MATERIALS OR EQUIPMENT IN ORDER TO ALTER, BUILD, EXCAVATE, ADD TO, SUBTRACT FROM, IMPROVE, REPAIR, MAINTAIN, RENO- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04567-01-5
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